Everyone knows that it is illegal to have possession of narcotics, at least without a valid prescription. However, the law in many states also makes it a criminal offense to be “under the influence” of a controlled substance. However, what it means to be “under the influence” of a drug can depend on the offense. …
Contrary to popular belief, employers generally do not have to give a reason or explanation to employees who are being fired. In nearly all states, employment is presumed to be “at will,” meaning you or your employer can end the employment relationship at any time, and for whatever lawful reason. Some employment contracts, however, require …
Under California Health & Safety Code 11350a, a prosecutor can charge you with possession of a controlled substance if you get caught with certain prescription drugs and don’t have a lawful prescription. A valid prescription, however, would be an effective defense to these charges. Possession of a controlled substance is typically a misdemeanor offense punishable …
You can legally own a submachine gun (SMG) in Colorado if (1) you lawfully obtain an “NFA tax stamp” from the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), and (2) the SMG was manufactured prior to May 19, 1986. Getting an NFA tax stamp requires you to pay $200 and complete – and have …
In California, hourly and non-exempt employees have to clock in and out of work. This includes tiny amounts of work done outside of work hours. Employers cannot demand or allow work off the clock, though they can round your work time up or down provided that certain requirements are met. Non-exempt and hourly employees clock …
To beat a sexual assault charge, you should avoid speaking to the police and others involved in the case, hire an experienced lawyer, and gather and present evidence that supports the best legal defense for your situation. There are several legal defenses that are available. Your lawyer will help you understand which one is the …
The elements of strict liability depend on the type of case. Generally speaking, though, the elements are: the defendant had something dangerous, the dangerous thing put you at risk through no fault of your own, and it caused you to get hurt. Strict liability comes up in civil cases involving products liability, dog bites, and …
NRS stands for Nevada Revised Statutes. The NRS is a compilation of all the current state laws in Nevada. The NRS is updated by the Legislative Counsel Bureau whenever new legislation passes that adds, amends, or repeals existing laws. What does the NRS consist of? The NRS consists of four main divisions, including: The Remedial …
Colorado DWAI of marijuana charges are typically brought when both: marijuana impaired your driving “in the slightest degree” but not to a “substantial” degree, and your THC levels were below 5 ng/mL. DWAI stands for “driving while ability impaired,” which is a less serious Colorado charge than DUI, which stands for “driving under the influence.” …
A probation violation is when you break one of the terms and conditions of your probation, such as committing a new crime or not completing your community service. There are three typical consequences, each progressively more severe: The judge lets you off with just a warning; The judge lets you stay on probation but with …
In California, as a general rule, you will face no legal repercussions for not reporting a crime that you witness or otherwise have knowledge of. However, there are three exceptions where failure to report a crime can itself be a crime: you are a mandated reporter who did not report child abuse or neglect, failing …
If you pick up a Colorado underage drinking and driving (UDD) case – which is where you drive with a BAC of 0.02% to 0.05% while younger than 21 years old – the length of your license revocation increases with each successive conviction. You will receive a 3-month revocation for a first conviction, a 6-month …
In California, workplace harassment is unwanted conduct, directed at someone else, that is based on a protected characteristic. Those protected traits are listed by the California Fair Employment and Housing Act (FEHA). They include: race, religion, sex, gender, gender identity, sexual orientation, disability, pregnancy, or national origin. Harassing behavior is unlawful if it creates a …
A statutory employee is a worker who is classified as an employee by statute. These statutes detail working conditions that can only be done by employees. Even if the employer classifies the worker as an independent contractor, the law treats the worker as an employee. Employers of statutory employees must withhold certain taxes. The workers …
Following an arrest, the booking process can take anywhere from less than an hour to several hours, depending on: the police station’s booking procedures, how many people are being booked, and how many officers there are to handle the bookings. After the booking process, you could be released on own recognizance or after posting bail. …
Children with Jobs in California? 4 Jobs Children Under the Age of 14 Can Legally HaveWatch this video on YouTube California’s child labor laws regulate the circumstances under which minors (persons under the age of 18) can work in the state. The state laws are supplemented by federal laws that restrict what occupations can employ …
Pregnancy discrimination in the workplace is both illegal and common. A recent study shows a link between a mother and baby’s health and perceived pregnancy discrimination, which is alarming considering more than 70% of all pregnant women are in the workforce. That amounts to 2.8 million women who need accommodations at some point.1 In our …
Card counting is not a crime in Las Vegas. However, casinos who suspect you are counting cards can lawfully order you to leave.1 If you refuse to leave – or you return to the casino after being asked to leave – you face misdemeanor trespass charges carrying up to six months in jail and/or $1,000.2 …
Wage discrimination is the illegal practice of an employer paying unequal compensation to workers for substantially the same work because they belong to a protected class. California’s anti-wage discrimination law – called the California Equal Pay Act (CEPA) – forbids paying workers who perform substantially similar work different compensation because of their sex, race, or …
The amount of a settlement for whiplash victims can vary widely, from less than $10,000 to over $100,000. The amount you could receive depends mainly on how bad the injury was. Whiplash injuries range from minor to extremely debilitating. Other factors are whether you were partially to blame, the state where the accident happened, and …
Bonus pay can impact overtime calculations for non-exempt employees if it is a nondiscretionary bonus. These bonuses can change the worker’s regular rate of pay, which is used to calculate overtime pay. Discretionary bonuses, on the other hand, generally do not alter the regular rate of pay and do not impact overtime. How does overtime …
In California, your commission agreement controls when, or even whether, an employer is required to provide earned commission pay after your termination. Many California employers use forfeiture provisions that require you to be currently employed in order to receive your commission. Therefore if you are terminated before you receive your commission, you forfeit it. If …
You can be disciplined for submitting a timesheet late, or with errors. However, that discipline cannot impact your pay. Employers are not allowed to delay or dock your pay for a timesheet mishap. The discipline is limited to warning, suspending, or terminating you, and cannot be done in a discriminatory fashion. What can happen if …
California’s salary transparency law requires many employers with 15 or more employees to include a pay range in their job postings. It also allows you to request a pay range for your own position. Employers have to provide state regulators with data about the pay they offer. If the law is violated, you can file …
In California, you may be entitled to protected job leave under state or federal law if stress impairs your ability to perform your job. This form of stress leave is generally unpaid. However, you may be entitled to paid leave under workers’ compensation or temporary disability benefits. If your employer takes an adverse employment action …
